What Are Common Types of Cases Our Medical Negligence Lawyers in Houston, TX Handle?
Medical malpractice can take many forms, and the complexity of healthcare services can lead to many potential mistakes. However, some types of medical negligence are more common than others. Some of the most common include:
- Delayed or improper treatment
- Laboratory/testing errors
- Radiology errors
- Informed consent violations
- Negligence in postoperative care
- Unnecessary surgery
If you were injured because of medical negligence committed in a medical setting in Houston, you should contact a Houston personal injury lawyer immediately.
What Types of Compensation Can I Pursue in a Case of Medical Negligence?
The types of compensation you could pursue depend on the nature of the losses you suffer due to medical malpractice. You might be owed compensation for the following:
- Medical Bills – This includes the past and future costs of medically correcting the error, such as hospital stays, surgeries, medication, and rehabilitation services.
- Lost Wages – If the medical negligence suffered, prevents you from working, you could be entitled to money to offset any wages, tips, commissions, bonuses, and other benefits you lose.
- Loss of Earning Capacity – You could also be entitled to compensation for any money you cannot make in the future because of how the injury affects your career and job prospects.
- Pain and Suffering – This legal term describes the physical pain and emotional distress caused by the injury. Pain and suffering can include ongoing physical discomfort, depression, anxiety, and reduced quality of life.
Furthermore, if your family member dies due to medical malpractice, you could be entitled to pursue a wrongful death claim against the at-fault provider. The compensation you receive for medical negligence could include the decedent’s lost earnings, funeral expenses, and loss of companionship.
It’s important to note that Texas law generally caps non-economic damages like pain and suffering in medical malpractice cases at $250,000 per claimant, but the limit can increase to $500,000 per claimant if certain conditions are present. It would help if you spoke to an experienced medical attorney to determine which damages cap will apply to your medical malpractice case.
What Is the Process for Filing a Claim with a Medical Attorney in Texas
- Initial consultation to evaluate your case: Filing a medical malpractice lawsuit in Texas begins with the patient (or the patient’s family) recognizing that a healthcare provider may have committed an error resulting in harm. At this stage, the patient must consult an experienced lawyer who understands medical malpractice laws and can determine whether an error has occurred. If so, the case can proceed.
- Filing a written notice: The first formal step in pursuing a medical malpractice lawsuit is to file a written notice with the healthcare provider, which must include a detailed explanation of the claim and a signed authorization form for the release of the claimant’s relevant healthcare information. A malpractice lawyer must provide this notice within 60 days of filing the medical malpractice lawsuit.
- Filing a lawsuit: Then, you can file a lawsuit against the healthcare provider. As part of the lawsuit, the medical attorney must file an expert report detailing the standard of care, how the provider failed to meet that standard, and the causal relationship between that failure and the harm the claimant suffered. Your lawyer should file the expert report no later than 120 days after the healthcare provider files its original answer to the complaint.
- Settlement and litigation: At this point, the healthcare provider or their insurer might offer the claimant a settlement, which guarantees a sum of money in exchange for dropping the case. If the healthcare provider disputes the medical malpractice claim or doesn’t offer a fair settlement, the case may proceed to discovery and, ultimately, to trial.
How Can a Med Mal Attorney Prove Negligence?
The healthcare provider’s duty of care is central to proving medical malpractice, which refers to their obligation to provide treatment that aligns with accepted medical standards and practices. This means they must act like a similarly trained and skilled healthcare professional would under the same circumstances.
Proving a deviation from this duty of care typically requires the testimony of medical experts. These experts can explain the accepted standards of care for the specific situation, highlight how the defendant’s actions did not meet those standards, and demonstrate that a competent medical professional would have acted differently under similar circumstances.
How Long Do I Have to File a Lawsuit in Houston, Texas?
Texas has a statute of limitations that sets a deadline of two years from the date the medical malpractice occurred to file a suit against the at-fault healthcare provider. While certain situations can extend this deadline, only an experienced lawyer can tell you if they apply to your case.
Because a suit filed after the deadline can be tossed out as untimely regardless of its underlying merits, you should consult an attorney about your options.
